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Welcome to the Site and Privacy Policy s, which apply to your
use of the Rapid Time Website. By accessing this Website, you agree
to be bound by them.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information"
means any personal details provided by you via the Website; "User(s)"
means (a) user(s) of the Website either collectively or individually, as
the context requires; "We/us/our" means Rapid Time,
"Website" means the website located at
http://www.rapidtime.co.uk or any subsequent URL which may replace it;
and "You/your" means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance with these
Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal
purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer
viruses, macro viruses, trojan horses, worms or anything else designed
to interfere with, interrupt or disrupt the normal operating procedures
of a computer;
2.1.3 will not upload or transmit through the Website any material
which is defamatory, offensive, or of an obscene or menacing character, or
that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to
be interrupted, damaged, rendered less efficient or such that the
effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or
infringes the rights of any person, firm or company (including, but not limited
to, rights of intellectual property, rights of confidentiality or
rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action
against any Users arising out of that User's use of the Website, then
you will pursue such right, claim or action independently of and without
recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us
against) all claims, liability, damages, losses, costs and expenses,
including legal fees, suffered by us and arising out of any breach of the
Conditions by you or any other liabilities arising out of your use of the
Website, or the use by any other person accessing the Website using your
PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or
any part of) with or without notice to you and you confirm that we shall
not be liable to you or any third party for any modification to or
withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use
of the Website (or any part of) following such change shall be deemed
to be your acceptance of such change. It is your responsibility to check
regularly to determine whether the Conditions have been changed. If you
do not agree to any change to the Conditions then you must immediately
stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The
Website is subject to change from time to time. You will not be
eligible for any compensation because you cannot use any part of the Website
or because of a failure, suspension or withdrawal of all or part of the
Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide
links to other websites or resources. You acknowledge and agree that we
are not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable, directly
or indirectly, for the privacy practices or the content (including
misrepresentative or defamatory content) of such websites, including
(without limitation) any advertising, products or other materials or services
on or available from such websites or resources, nor for any damage,
loss or offence caused or alleged to be caused by, or in connection with,
the use of or reliance on any such content, goods or services available
on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and
content associated with the Website. We may investigate any reported
violation of these Conditions or complaints and take any action that we
deem appropriate (which may include, but is not limited to, issuing
warnings, suspending, terminating or attaching conditions to your access
and/or removing any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with
applicable UK Data Protection legislation.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government
authority investigating suspected illegal activities, or upon receipt
of a court order, to provide your Personal Information and/or
information concerning your activities whilst using the Website we shall do so;
and
7.3 We reserve the right in our reasonable discretion to disclose
details of your use of the Website in relation to any, or any threatened,
Court Proceedings in connection with your use, or the use of anyone under
your control, of the Website whether in connection with the matters set
out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these
Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all
other intellectual property rights in all material or content supplied as
part of the Website shall remain at all times vested in us or our
licensors. You are permitted to use this material only as expressly
authorised by us.
8.2 The Website is Copyright, Rapid Time. All rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these
Conditions:
9.1.1 by post to Rapid Time - Unit 58 Cariocca Business Park, Manchester UK;
9.1.2 by email to queries@rapidtime.co.uk
9.2 As proof of sending does not guarantee our receipt of your notice,
you must ensure that you have received an acknowledgement from us,
which will be sent within 7 working days of our receipt and should be
retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF
ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER
EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as available" basis
without any representation or endorsement. Unless specified in separate
terms and conditions related to a particular product or service, we make
no warranties of any kind, whether express or implied, in relation to
the Website, or products or services offered on the Website whether by
us or on our behalf (including free software downloads) including but
not limited to, implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security,
accuracy, condition or completeness, or any implied warranty arising from
course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a
particular product or service, we make no warranty that the Website or
products or services offered on the Website whether by us or on our behalf
(including free software downloads) will meet your requirements or will
be uninterrupted, timely, secure or error-free, that defects will be
corrected, or that the Website or the server that makes it available or
products or services offered on the Website whether by us or on our
behalf (including free software downloads) are free of viruses or bugs or
are fully functional, accurate, or reliable. We will not be responsible
or liable to you for any loss of content or material as a result of
uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing
shall limit your rights as a consumer under United Kingdom law.
10.5 You acknowledge that we cannot guarantee and therefore shall not
be in any way responsible for the security or privacy of the Website and
any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur
loss or damage connecting to the Website through a third party's
hyper-text link.
10.7 We will not be liable, in contract, tort (including, without
limitation, negligence), pre-contract or other representations (other than
fraudulent misrepresentations) or otherwise out of or in connection with
the Website or products or services offered on the Website whether by
us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of
revenues, profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case
whether or not such losses were within the contemplation of either of us
at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for
death or personal injury resulting from our negligence or that of our
servants, agents or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be
severable from these Conditions and shall not effect the validity and
enforceability of any of the remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any preceding or
succeeding breach of any provision.
13 SURVIVAL
Each provision of these Conditions shall be construed as separately
applying and surviving even if for any reason one or other of those
provisions is held to be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire
agreement between you and us relating to the subject matter covered and
supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between you and us in relation to such matters. No
oral explanation or oral information given by either of us shall alter
the interpretation of these Conditions. You confirm that, in agreeing to
accept these Conditions, you have not relied on any representation save
insofar as the same has expressly been made a representation in these
Conditions and you agree that you shall have no remedy in respect of any
misrepresentation which has not become a term of these Conditions save
that your agreement contained in this Clause shall not apply in respect
of any fraudulent misrepresentation whether or not such has become a
term of these Conditions.
15 LAW
The Conditions will be exclusively governed by and construed in
accordance with the laws of United Kingdom whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole
discretion, to commence and pursue proceedings in alternative
jurisdictions |
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